University What It Is

That which is now called an University, is a Joyning together, and an Incorporation under one Government of many Publique Schools, in one and the same Town or City. In which, the principal Schools were ordained for the three Professions, that is to say, of the Romane Religion, of the Romane Law, and of the Art of Medicine. And for the study of Philosophy it hath no otherwise place, then as a handmaid to the Romane Religion: And since the Authority of Aristotle is onely current there, that study is not properly Philosophy, (the nature whereof dependeth not on Authors,) but Aristotelity.

And for Geometry, till of very late times it had no place at all; as being subservient to nothing but rigide Truth. And if any man by the ingenuity of his owne nature, had attained to any degree of perfection therein, hee was commonly thought a Magician, and his Art Diabolicall.

Now to descend to the particular Tenets of Vain Philosophy, derived to the Universities, and thence into the Church, partly from Aristotle, partly from Blindnesse of understanding; I shall first consider their Principles.

There is a certain Philosophia Prima, on which all other Philosophy ought to depend; and consisteth principally, in right limiting of the significations of such Appellations, or Names, as are of all others the most Universall: Which Limitations serve to avoid ambiguity, and aequivocation in Reasoning; and are commonly called Definitions; such as are the Definitions of Body, Time, Place, Matter, Forme, Essence, Subject, Substance, Accident, Power, Act, Finite, Infinite, Quantity, Quality, Motion, Action, Passion, and divers others, necessary to the explaining of a mans Conceptions concerning the Nature and Generation of Bodies. The Explication (that is, the setling of the meaning) of which, and the like Terms, is commonly in the Schools called Metaphysiques; as being a part of the Philosophy of Aristotle, which hath that for title: but it is in another sense; for there it signifieth as much, as “Books written, or placed after his naturall Philosophy:”

But the Schools take them for Books Of Supernaturall Philosophy: for the word Metaphysiques will bear both these senses. And indeed that which is there written, is for the most part so far from the possibility of being understood, and so repugnant to naturall Reason, that whosoever thinketh there is any thing to bee understood by it, must needs think it supernaturall.

……

Then for Physiques, that is, the knowledge of the subordinate, and secundary causes of naturall events; they render none at all, but empty words. If you desire to know why some kind of bodies sink naturally downwards toward the Earth, and others goe naturally from it; The Schools will tell you out of Aristotle, that the bodies that sink downwards, are Heavy; and that this Heavinesse is it that causes them to descend: But if you ask what they mean by Heavinesse, they will define it to bee an endeavour to goe to the center of the Earth: so that the cause why things sink downward, is an Endeavour to be below: which is as much as to say, that bodies descend, or ascend, because they doe. Or they will tell you the center of the Earth is the place of Rest, and Conservation for Heavy things; and therefore they endeavour to be there: As if Stones, and Metalls had a desire, or could discern the place they would bee at, as Man does; or loved Rest, as Man does not; or that a peece of Glasse were lesse safe in the Window, than falling into the Street.

See also

Books

Some Foolish Opinions Of Lawyers Concerning The Making Of Lawes

Seeing then all Lawes, written, and unwritten, have their Authority, and force, from the Will of the Common-wealth; that is to say, from the Will of the Representative; which in a Monarchy is the Monarch, and in other Common-wealths the Soveraign Assembly; a man may wonder from whence proceed such opinions, as are found in the Books of Lawyers of eminence in severall Common-wealths, directly, or by consequence making the Legislative Power depend on private men, or subordinate Judges. As for example, “That the Common Law, hath no Controuler but the Parlament;” which is true onely where a Parlament has the Soveraign Power, and cannot be assembled, nor dissolved, but by their own discretion. For if there be a right in any else to dissolve them, there is a right also to controule them, and consequently to controule their controulings.

And if there be no such right, then the Controuler of Lawes is not Parlamentum, but Rex In Parlamento. And where a Parlament is Soveraign, if it should assemble never so many, or so wise men, from the Countries subject to them, for whatsoever cause; yet there is no man will believe, that such an Assembly hath thereby acquired to themselves a Legislative Power.

Item, that the two arms of a Common-wealth, are Force, and Justice; The First Whereof Is In The King; The Other Deposited In The Hands Of The Parlament. As if a Common-wealth could consist, where the Force were in any hand, which Justice had not the Authority to command and govern.

That Law can never be against Reason, our Lawyers are agreed; and that not the Letter,(that is, every construction of it,) but that which is according to the Intention of the Legislator, is the Law. And it is true: but the doubt is, of whose Reason it is, that shall be received for Law. It is not meant of any private Reason; for then there would be as much contradiction in the Lawes, as there is in the Schooles; nor yet (as Sr. Ed, Coke makes it (Sir Edward Coke, upon Littleton Lib.2. Ch.6 fol 97.b),) an Artificiall Perfection of Reason, Gotten By Long Study, Observation, And Experience, (as his was.) For it is possible long study may encrease, and confirm erroneous Sentences: and where men build on false grounds, the more they build, the greater is the ruine; and of those that study, and observe with equall time, and diligence, the reasons and resolutions are, and must remain discordant: and therefore it is not that Juris Prudentia, or wisedome of subordinate Judges; but the Reason of this our Artificiall Man the Common-wealth, and his Command, that maketh Law: And the Common-wealth being in their Representative but one Person, there cannot easily arise any contradiction in the Lawes; and when there doth, the same Reason is able, by interpretation, or alteration, to take it away. In all Courts of Justice, the Soveraign (which is the Person of the Common-wealth,) is he that Judgeth: The subordinate Judge, ought to have regard to the reason, which moved his Soveraign to make such Law, that his Sentence may be according thereunto; which then is his Soveraigns Sentence; otherwise it is his own, and an unjust one.

(Leviathan, Chapter XXVI. of civill lawes)

Books

Treaties bedevil a wayward parliament, 1644

In this same year the Parliament put to death Sir John Hotham and his son, for tampering with – the Earl of Newcastle about the rendition of Hull; and Sir Alexander Carew, for endeavouring to deliver up Plymouth, where he was governor for the Parliament; and the Archbishop of Canterbury, for nothing but to please the Scots; for the general article of going about to subvert the fundamental laws of the land, was no accusation, but only foul words.

They then also voted down the Book of Common-prayer, and ordered the use of a Directory, which had been newly composed by an Assembly of Presbyterian ministers.

They were also then, with much ado, prevailed with for a treaty with the King at Uxbridge; where they remitted nothing of their former demands.

The King had also at this time a Parliament at Oxford, consisting of such discontented members as had left the Houses at Westminster; but few of them had changed their old principles, and therefore that Parliament was not much worth. Nay rather, because they endeavoured nothing but messages and treaties, that is to say, defeating of the soldiers’ hope of benefit by the war, they were thought by most men to do the King more hurt than good.

(Behemoth)

Books

Warre Of Every One Against Every One

So that in the nature of man, we find three principall causes of quarrel. First, Competition; Secondly, Diffidence; Thirdly, Glory. The first, maketh men invade for Gain; the second, for Safety; and the third, for Reputation. The first use Violence, to make themselves Masters of other mens persons, wives, children, and cattell; the second, to defend them; the third, for trifles, as a word, a smile, a different opinion, and any other signe of undervalue, either direct in their Persons, or by reflexion in their Kindred, their Friends, their Nation, their Profession, or their Name.

Hereby it is manifest, that during the time men live without a common Power to keep them all in awe, they are in that condition which is called Warre; and such a warre, as is of every man, against every man. For WARRE, consisteth not in Battell onely, or the act of fighting; but in a tract of time, wherein the Will to contend by Battell is sufficiently known: and therefore the notion of Time, is to be considered in the nature of Warre; as it is in the nature of Weather. For as the nature of Foule weather, lyeth not in a showre or two of rain; but in an inclination thereto of many dayes together: So the nature of War, consisteth not in actuall fighting; but in the known disposition thereto, during all the time there is no assurance to the contrary. All other time is PEACE.

Whatsoever therefore is consequent to a time of Warre, where every man is Enemy to every man; the same is consequent to the time, wherein men live without other security, than what their own strength, and their own invention shall furnish them withall. In such condition, there is no place for Industry; because the fruit thereof is uncertain; and consequently no Culture of the Earth; no Navigation, nor use of the commodities that may be imported by Sea; no commodious Building; no Instruments of moving, and removing such things as require much force; no Knowledge of the face of the Earth; no account of Time; no Arts; no Letters; no Society; and which is worst of all, continuall feare, and danger of violent death; And the life of man, solitary, poore, nasty, brutish, and short.

………..

The Libertie, whereof there is so frequent, and honourable mention, in the Histories, and Philosophy of the Antient Greeks, and Romans, and in the writings, and discourse of those that from them have received all their learning in the Politiques, is not the Libertie of Particular men; but the Libertie of the Common-wealth: which is the same with that, which every man then should have, if there were no Civil Laws, nor Common-wealth at all. And the effects of it also be the same.

For as amongst masterlesse men, there is perpetuall war, of every man against his neighbour; no inheritance, to transmit to the Son, nor to expect from the Father; no propriety of Goods, or Lands; no security; but a full and absolute Libertie in every Particular man: So in States, and Common-wealths not dependent on one another, every Common-wealth, (not every man) has an absolute Libertie, to doe what it shall judge (that is to say, what that Man, or Assemblie that representeth it, shall judge) most conducing to their benefit. But withall, they live in the condition of a perpetuall war, and upon the confines of battel, with their frontiers armed, and canons planted against their neighbours round about.

The Athenians, and Romanes, were free; that is, free Common-wealths: not that any particular men had the Libertie to resist their own Representative; but that their Representative had the Libertie to resist, or invade other people. There is written on the Turrets of the city of Luca in great characters at this day, the word LIBERTAS; yet no man can thence inferre, that a particular man has more Libertie, or Immunitie from the service of the Commonwealth there, than in Constantinople. Whether a Common-wealth be Monarchicall, or Popular, the Freedome is still the same.

See also

Books

Of Crimes, Excuses, and Extenuations

Again, if we compare crimes by the mischief of their effects; first, the same fact when it redounds to the damage of many is greater than when it redounds to the hurt of few.  And therefore when a fact hurteth, not only in the present, but also by example in the future, it is a greater crime than if it hurt only in the present:  for the former is a fertile crime, and multiplies to the hurt of many; the latter is barren.  To maintain doctrines contrary to the religion established in the Commonwealth is a greater fault in an authorised preacher than in a private person:  so also is it to live profanely, incontinently, or do any irreligious act whatsoever.

Likewise in a professor of the law, to maintain any point, or do any act, that tendeth to the weakening of the sovereign power is a greater crime than in another man:  also in a man that hath such reputation for wisdom as that his counsels are followed, or his actions imitated by many, his fact against the law is a greater crime than the same fact in another:  for such men not only commit crime, but teach it for law to all other men.  And generally all crimes are the greater by the scandal they give; that is to say, by becoming stumbling-blocks to the weak, that look not so much upon the way they go in, as upon the light that other men carry before them.

Also facts of hostility against the present state of the Commonwealth are greater crimes than the same acts done to private men:  for the damage extends itself to all:  such are the betraying of the strengths or revealing of the secrets of the Commonwealth to an enemy; also all attempts upon the representative of the Commonwealth, be it a monarch or an assembly; and all endeavours by word or deed to diminish the authority of the same, either in the present time or in succession:  which crimes the Latins understand by crimina laesae majestatis, and consist in design, or act, contrary to a fundamental law. Likewise those crimes which render judgements of no effect are greater crimes than injuries done to one or a few persons; as to receive money to give false judgement or testimony is a greater crime than otherwise to deceive a man of the like or a greater sum; because not only he has wrong, that falls by such judgements, but all judgements are rendered useless, and occasion ministered to force and private revenges.

Thomas Hobbes – Leviathan; Chapter XXVII

See also:

Books